Campbell
Campbell v. City of Boise
Opinion
Lead Opinion
MEMORANDUM **
Sherie Campbell (“Campbell”) appeals an adverse grant of summary judgment on her state law claims against the City of Boise, Idaho (“Boise”), for unlawful search and unlawful arrest under the Idaho Constitution and the denial of her motion to remand these claims to state court.
After properly dismissing Campbell’s 42 U.S.C. § 1983 claims in light of Virginia v. Moore, - U.S. -, 128 S.Ct. 1598 , 170 L.Ed.2d 559 (2008), the district court granted summary judgment on Campbell’s remaining state law claims rather than remanding them to Idaho state court because no Idaho authority suggests the existence of statutory or direct causes of action for violations of the Idaho Constitution.
As the district court noted, although no Idaho state appellate court has resolved the question, all relevant state district court decisions hold no such causes of action exist. See Bjorkman v. Moscow Sch. Dist. No. 281, Case No. CV-97-00898, at *8 (D. Idaho, filed Nov. 29, 1999) (citing Spurrell v. Bloch, 40 Wash.App. 854 , 701 P.2d 529, 535 (Wash.Ct.App.1985)); Leibe v. Idaho Falls Sch. Dist. No. 91, Case No. CV-97-1101, at *21 (D. Idaho, filed Sept. 16, 1998) (a state constitutional…